A pesquisa jurídica no Brasil vem passando por uma transformação intensa e saudável. Com o reconhecimento da insuficiência dos métodos de revisão bibliográfica e da pesquisa teórica, em geral, para dar conta de todos os problemas resultantes da vida jurídica, em especial os da vida prática, instituições de ensino superior, órgãos públicos e institutos de pesquisa vêm tentando realizar pesquisas empíricas, com destaque para a pesquisa jurisprudencial nas bases de dados dos tribunais superiores, mas, também, pesquisas sobre a tramitação processual em outras instâncias, sobre o trabalho das demais instituições dos sistemas judicial e policial e, até, da administração pública em geral.

São tantos os bons exemplos de pesquisas jurídicas empíricas (e sociais em sentido mais amplo) realizadas recentemente que não é prudente enumerá-los, visto que, ao fazê-lo, certamente se deixará de fora algum caso de inegável valor.

É nesse contexto que a Escola Superior da Defensoria Pública da Bahia resolveu constituir o seu Observatório da Prática Penal, para o aprimoramento dos serviços da Defensoria Pública e para contribuir com o debate público na área processual penal, considerando que o conhecimento construído a partir de dados consistentes, verificáveis e passíveis de discussão é indispensável para a compreensão da realidade, para a detecção de problemas e para a formulação de estratégias destinadas à sua resolução.

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Observatório da prática penal na Bahia, Brasil – boletim nº 01 – Fevereiro/2014 

Low qualifications and lack of employment are recognised within the Government’s strategy for Transforming Rehabilitation as key social issues related to re-offending.

Some local areas have already developed social enterprises as one way to overcome barriers around the employability of ex-offenders. However at the time of writing, there is currently very little that brings together learning or examples of effective practice to assist others in doing this.

Recognising this gap, the Home Office commissioned a short term programme of work undertaken in February and March 2013 by Clinks and Social Firms UK.

The programme set out to explore and assess the role of social enterprises in enabling both adult and young offenders to access training and employment opportunities. The results provide a body of work that will significantly contribute to cross-Government thinking about how to embed and support social enterprises working with offenders.

The development and publication of a series of twenty Case Studies. The social enterprises featured in the case study series were invited, following a competitive application process, to write about their own experiences and insights into the opportunities and barriers confronting their development and sustainability.

This Summary Report which brings together the key learning about developing and sustaining social enterprises offering employment and employability training to offenders.

Together they provide a valuable resource for newly established social enterprises, for those planning to establish social enterprises, for police, prisons and probation providers, for Police and Crime Commissioners, for local Integrated Offender Management (IOM) partnerships, and for policy makers.

These resources also complement previous work undertaken in partnership between Clinks and the Home Office aimed at increasing the Voluntary, Community and Social Enterprise (VCSE) sector’s involvement in local IOM arrangements.

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Providing employment and training opportunities for offenders: Growing sustainable work integration social enterprises

During recent years, we have seen a phenomenal international debate regarding the legal definition of cannabis. Prohibition has been loosing arguments against the increasing social demand for a change in drug policies.

Spain has not been unaware and has experienced very interesting initiatives favoring this change, like the so-called Socail Cannabic Clubs. On the contrary, if we focus on the rights of the people, we find a current trend from the Government to regulate the private sphere under moral grounds.

Keep up-to-date with drug policy developments by subscribing to the IDPC Monthly Alert.

From legal uncertainty to a growing repression against drug users in Spain

Drug use is a major contributor to premature mortality. People who use drugs are up to ten times more likely to die suddenly or as a result of chronic diseases than people who do not use drugs.

Many of these deaths are preventable. This document provides a checklist for services and local areas that want to improve their practices in this area. The content is drawn from published evidence, authoritative guidance, and feedback from drug treatment services.

Preventing drug-related deaths in the UK

The vulnerability of people who inject drugs (PWID) to blood borne-infection was recognised early in the human immunodeficiency virus (HIV) pandemic, with the rapid spread resulting in high prevalence among PWID in many parts of the world. However, a number of countries, including the United Kingdom (UK), have reported a low HIV prevalence among PWID, which has been attributed to the timely introduction of comprehensive harm reduction measures, including needle and syringe programmes (NSPs) and opiate substitution therapy (OST). In the UK such measures were promptly introduced in the mid-1980s in response to substantial HIV outbreaks among PWID in two Scottish cities.

In England and Wales, HIV prevalence among PWID has been monitored in a consistent way since 1990, and reveals a consistently higher HIV prevalence among PWID in London compared to elsewhere. Throughout the course of the HIV epidemic in England and Wales policy related to both injecting drug use (IDU) and HIV have changed, as have patterns of drug use. This has resulted in changes to the extent and types of responses over time: broadly, policy related to IDU shifted from a focus on preventing HIV infection in the late 1980s and early 1990s to a focus on criminal justice issues at the end of the 1990s, with an increased emphasis on harm reduction from 2006 onwards.

This paper examines trends in HIV prevalence among PWID in England and Wales between 1990 and 2011, and considers these in the context of the changes in policy and responses.

Two decades of successes and failures in controlling  the transmission of HIV through injecting drug use in  England and Wales, 1990 to 2011

In 2016, the UN General Assembly will hold a Special Session (or ‘UNGASS’) on the issue of illicit drugs. The UNGASS will review member states’ progress on reducing drug supply and demand, and will shape the future direction of drug policy at the UN level.

Drug policy is a development issue: it has severe consequences for the health, livelihoods, and security of poor and marginalised people. The current international approach – dominated by a repressive “War on Drugs” approach that focuses on outlawing drug production and consumption – has exacted enormous financial and human cost.

Engaging the development sector in the 2016 UNGASS

The High-level Meeting on HIV and Drug use in Thailand was co-organised by the Thailand Ministry of Public Health, International Drug Policy Consortium, PSI Thailand Foundation, and the International AIDS Society. It was held as a half-day meeting during the week of the International Congress on AIDS in Asia and the Pacific on 18-22 November 2013. The objectives of the meeting were to:

raise awareness amongst Thailand’s policymakers about international standards and best practice on the implementation of harm reduction services and enabling policies, and

cultivate a national debate on enabling policies and practises that would facilitate an increase the coverage of harm reduction services in Thailand.

It was closed to media and the public, with no record of comments and statements attributed to specific individuals, to facilitate frank discussion on issues relating to harm reduction services and policy barriers in Thailand, including:

State of coverage of harm reduction services

Barriers to the increase in coverage of harm reduction services, and

This report summarises the presentations delivered, and key discussion points and outcomes at the meeting, which was divided into two sessions.

Report on high-level meeting on HIV and drug use in Thailand

This study reveals the substantial levels of morbidity related to cocaine use, translated into the large number of cocaine cases seen in various emergency settings in European countries. This health burden is often not captured by other traditional drug indicators. The report also points to the potential for early prevention, assessment and referral opportunities that may currently be overlooked, including the referral of some patients who may benefit from specific counselling or treatment.

Emergency health consequences of cocaine use in Europe

In November 2012, voters in Colorado and Washington State took the historic step of rejecting the decades-long failed policy of marijuana prohibition by deciding to permit the legal regulation of marijuana sales, cultivation and distribution for adults. This document explains why states can chart a different course without violating federal law, and summarizes the similarities and differences between Colorado and Washington State’s new laws.

Voters in Colorado and Washington State made history in 2012 by rejecting the decades-long failed policy of marijuana prohibition and deciding to legally regulate marijuana sales, cultivation and distribution for adults.

Marijuana legalisation in Washington State and Colorado

For a long time, there have been different social mechanisms for allowing leaving aside the conventional norms and enjoy various forms of artistic or creative expressions, sensory stimulation and limitations or regulations more flexible than in other contexts.

It is necessary to provide information about the various substances that can be found in festive environments, the implications of its use and the various harm reduction recommendations that may exist in order to prevent, or at least reduce, the negative health impacts each specific substance may cause.

In addition to information, it is important to have some way to introduce quality controls, or for testing and analyzing the substances that are thought to be consumed. In many cases, harm reduction initiatives include analysis with colorimetric reagents to detect the presence ­‐ or absence - of certain substances, and when possible, thin layer chromatography tests have been implemented as an option to corroborate the full content and breakdown of a specific sample (tablet, square of blotter paper, powder, crystal, etc.).

Harm reduction in festive environments

On 20 September 2013 a seminar on policy and practice of cannabis in Albania has been organized by the Association Diogenis, Drug Policy Dialogue in Southeast Europe, and the Albanian NGO Aksion Plus. The aim of the meeting was to bring together policy makers, experts and representatives of relevant institutions and non-governmental organizations in order to exchange information and experiences on the current situation, national legislation in Albania, law enforcement and its impact on production marketing and distribution of cannabis, prevention programmes and related issues in the everyday practice.

The presentations and the discussion resulted in several recommendations to improve the situation, promote opportunities for cooperation between authorities, civil society and international organizations. The seminar was a successful collaboration between the Association Diogenis and NGO Aksion Plus in Albania. The UNODC Regional Office in Tirana, supported the organization of the seminar and participated actively in the discussions. The report refers to the presentations and the discussion of the following topics: cannabis trafficking routes in Southeast Europe, the Albanian legislation on cannabis, the illicit production and trafficking and the sanctions for possession and use, cannabis / toxicological aspects , health disorders, abuse of substances and emergency treatment, education, awareness and demand reduction of drugs and other dangerous substances and recent developments in international policy on cannabis.

Cannabis policy, Albania September 2013

In Kenya, the rights of people who use drugs (PUD) are often violated. On the one hand, the country’s Constitution and recently developed health policies and guidelines recognise the human rights, including the health rights, of PUD. On the other hand, the group is criminalised under the country’s laws related to drugs. As part of the Bridging the Gaps programme, Mainline and its partner organisations in Kenya recently conducted research to provide insight into this contradictory situation and the impact on their work aiming at HIV and hepatitis C prevention.

Mainline’s partners in Kenya that work on promoting the human rights of PUD, particularly their health rights, face the challenge that these rights are often violated by the government, law enforcement agencies, health workers, and the community. PUD are criminalised under the Kenyan Narcotic Act, resulting in stigmatisation and discrimination. They are frequently harassed by the police and denied access to health care, prevention services, and treatment by general health workers.

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